As per the information provided by the Central Bureau of Investigation
(CBI), it has registered 97 cases [71 Regular Cases (RCs) and 26 Preliminary
Enquiries (PEs)] involving 129 officers of the rank of Joint Secretary and
above during the last 3 years i.e. 2009, 2010, 2011 & 2012 (upto
31.7.2012). 15 officers are involved in more than one case.
As on 31.07.2012, out of the aforesaid 71 RCs, Charge sheets have been
filed in 30 cases against 31 officers of the rank of Joint Secretary and above.
As on 31.7.2012 sanctions for prosecution are pending in 14 CBI cases
with respective Central Ministries/Departments against 14 officers of the rank
of Joint Secretary & above. 02 officers are common in 02 cases each.
Further, permission under section 6A of the Delhi Special Police
Establishment Act, 1946, for conducting enquiry/investigation, are pending in
respect of 23 officers of the rank of Joint Secretary and above.
The Supreme Court of India, vide its judgment dated 18th December, 1997
in the case of Vineet Narain Vs. Union of India, directed that “time limit of
three months for grant of sanction for prosecution must be strictly adhered to.
However, additional time of one month may be allowed where consultation is
required with the Attorney General (AG) or any Law Officer in the AG’s office”.
It is sometime not possible to adhere to this time-limit. The delay which
occurs in the sanctioning of prosecution is mostly on account of detailed
scrutiny and analysis of voluminous case records and evidence, consultation
with Central Vigilance Commission (CVC), State Governments and other agencies,
and sometimes non-availability of relevant documentary evidence.
However, in order to check delays in grant of sanction for prosecution,
the Department of Personnel & Training has issued guidelines vide its OM
No.399/33/2006-AVD-III dated 6th November, 2006 followed by another OM dated
20th December, 2006, providing for a definite time frame at each stage for
handling of requests from CBI for prosecution of public servants.
The Group of Ministers on tackling corruption, in its First Report, had
also given certain recommendations for speedy disposal of sanction of
prosecution cases, which included-taking decision on such cases within 3
months; monitoring of such cases at the level of Secretary of the Ministry/
Department and submission of report to the Cabinet Secretary; and in cases of
refusal to accord sanction, submission of a report to the next higher authority
within 7 days for information (where competent authority is Minister such
report is to be submitted to the Prime Minister). The said recommendation of
the GoM has been accepted by Government and instructions have been issued by
the Government on 03.05.2012.
As regards permission under section 6A of the Delhi Special Police
Establishment Act, 1946, the Group of Ministers on tackling corruption in its
First Report has recommended that the competent authority shall decide the
matter within three months with speaking orders and in the event a decision is
taken to refuse permission the reasons thereof shall be submitted to the next
higher authority within one week for information (where competent authority is
Minister, such report is to be submitted to the Prime Minister). This
recommendation was accepted by the Government and instructions issued on
26.09.2011.
This was stated by Shri V. Narayanasamy, Minister of State of Personnel,
Public Grievances and Pension and Prime Minister Office in written reply to a
question by Sh. Shadi Lal Batra in the Rajya Sabha today.